Cleveland v. Crawford
New York Supreme Court
Appeal from a judgment in favor of the plaintiff, entered on the decision of a justice at the Circuit, a jury trial having been waived. This action, commenced in May, 1873, was brought, under section 449 of the Code, to compel the determination of conflicting claims to real property, pursuant to provisions of the Revised Statutes.
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Appeal from a judgment in favor of the plaintiff, entered on the decision of a justice at the Circuit, a jury trial having been waived. This action, commenced in May, 1873, was brought, under section 449 of the Code, to compel the determination of conflicting claims to real property, pursuant to provisions of the Revised Statutes. (3 R. S. [5tli ed.], 599, el seq.) Plaintiff claims he is the owner in fee as purchaser of some fourteen acres of land in the city of Yonkers, described in Ins complaint; that he was, at the time of tbe commencement of this action, and for three years preceding had…
1Opinion of the Court
Gilbert, J. :
This case is within the rule laid down in Churchill v. Onderdonk, (59 N. Y., 134). That was a proceeding pursuant to the Revised Statutes (2 R. S., 312, § 1), to compel the determination of claims to vacant lots in Brooklyn. This is a proceeding under the same statute prosecuted in the form of an action conformably to section 449 of the Code, to compel the determination iff claims to vacant lots in Yonkers. To entitle a party to the remedy here pursued, he must have been for three years in the actual possession of the property. In the case cited, that was interpreted to mean an…
2Cases cited5 opinions
- Austin v. . GoodrichNew York Court of Appeals · 1872
- Churchill v. . OnderdonkNew York Court of Appeals · 1874
- Livingston v. . TannerNew York Court of Appeals · 1856
- Abeel v. . Van GelderNew York Court of Appeals · 1867
- Bailey v. SouthwickNew York Supreme Court · 1872